Different non-union overtime (OT) calculations exist to comply with various state laws and production needs.
OT rules for non-union workers
The rules for calculating OT for non-union workers depend on several factors:
Location - Different states have different requirements. For example, California has specific OT rules that are more stringent than federal requirements
Employment type - The rules vary based on whether workers are:
Salaried-Exempt (no OT)
Salaried-Non-Exempt (overtime eligible with guaranteed weekly pay)
Hourly-Non-Exempt (pure hourly with overtime)
While some productions may request daily-exempt status for non-union workers, this isn't legally supported - OT exemption should be calculated on a weekly basis.
The chosen calculator must always meet minimum legal requirements for the jurisdiction where the work is performed.
Click the arrow next to each type of OT to see how they are calculated for non-union workers.
Federal OT
Non-Union Federal Overtime
This calculator follows overtime rules for the federal rules that apply to all states (except if the states rules are higher, in that case the states rules should apply and you should not choose this calculator for your state). If your work location is in California, you should not choose this calculator.
Calculator rules
1.0x for any hours worked on a given day even if above 8 hours
1.0x first 40 hours per week
1.5x for hours after 40 hours in a week
California OT
Non-Union Background California Overtime
This calculator should be used when a project location is in California and the worker is performing as an Extra or as a Background Performer. This calculator follows a blended rate approach (the weighted average of two or more rates of pay) when calculating overtime for a worker. Blended rate will only apply when the worker has multiple rates.
Calculator rules
1.0x for the first 8 hours in a day
1.5x for hours after the 8th hour in a day
1.5x for hours after 40 hours in a week
1.5x for the first 8 hours on a 7th consecutive day of work in a workweek
2.0x for hours after the 10th hour in a day
2.0x for hours after the 8th hour on a 7th consecutive day of work in a workweek
Non-Union California Overtime
This calculator can be used when a project location is in California. If chooses whichever is higher, the rate in effect or the blended rate (the weighted average of two or more rates of pay). This calculator does not calculate for minors and extras according to wage order 12 and could result in both being under paid if you choose this calculator.
Calculator rules
1.0x for the first 8 hours in a day
1.5x for the next 4 hours
1.5x for hours after 40 hours in a week
1.5x for the first 8 hours on a 7th consecutive day of work in a workweek
2.0x for hours after the 12th hour in a day
2.0x for hours after the 8th hour on a 7th consecutive day of work in a workweek
Non-Union California Premium Overtime Base 10
This is a premium overtime calculator that is available in the State of California for companies that want to exceed the State and Federal requirements to pay their workers competitively.
Calculator rules
1.0x for the first 8 hours
1.5x for hours between 8 and 10 in a day
1.65x for hours between 10 and 12 in a day
2.2x for hours after 12 in a day
1.65x for the first 12 hours on a 6th day
2.2x for all hours on a 7th day
1.5x for hours after 40 hours in a week
Non-Union California Premium Overtime Base 12
This is a premium overtime calculator that is available in the State of California for companies that want to exceed the State and Federal requirements to pay their workers competitively.
Calculator rules
1.0x for the first 8 hours
1.5x for the hours between 8 and 12 in a day
2.33x for hours after 12 in a day
1.75x for the first 12 hours on a 6th day
2.33x for all hours on a 7th day
1.5x for hours after 40 hours in a week
Non-Union California Pure Blended Overtime
This calculator should be used when a project location is in California. This calculator follows a blended rate approach (the weighted average of two or more rates of pay) when calculating overtime for a worker. Blended rate will only apply when the worker has multiple rates.
Calculator rules
1.0x for the first 8 hours in a day
1.5x for hours after the 8th hour in a day
1.5x for hours after 40 hours in a week
1.5x for the first 8 hours on a 7th consecutive day of work in a workweek
2.0x for hours after the 12th hour in a day
2.0x for hours after the 8th hour on a 7th consecutive day of work in a workweek
New York OT
Non-Union New York Complimentary Overtime
This calculator can be used for New York state and it supports overtime. This calculator is not compliant in California overtime rules.
Calculator rules
1.0x for the first 8 hours in a day
1.5x for the next 6 hours (hours 9-14)
2.0x for the hours after the 14th hour in a day
1.5x for the first 8 hours on a 7th consecutive day of work in a workweek
2.0x for hours after the 8th hour on a 7th consecutive day of work in a workweek
1.5x for hours after 40 hours in a week
Other types of OT
Non-Union Premium Overtime Base 10
This is a premium overtime calculator for companies that want to exceed the federal requirements to pay workers competitively.
Calculator rules
1.0x for the first 8 hours
1.5x for the next 2 hours (hours 9-10)
1.65x for the next 2 hours (hours 11-12)
2.2x for all hours after the 12th hour in a day
1.0x for the first 40 hours in a week
1.5x for any hours above 40 hours in a week
Non-Union Premium Overtime Base 12
This is a premium overtime calculator for companies that want to exceed the federal requirements to pay their workers competitively.
Calculator rules
1.0x for the first 8 hours
1.5x for the next 4 hours (hours 9-12)
1.75x for the next 2 hours (hours 13-14)
2.33x for all hours after the 14th hour in a day
1.0x for the first 40 hours in a week
1.5x for any hours above 40 hours per week
Non-Union Time and a Half After 10
This calculator is available for all states except California. Its rules are not compliant with California laws and regulations.
Calculator rules
1.0x for the first 10 hours
1.5x for hours after 10 hours in a day
1.5x for all hours on the 7th day
1.5x for hours after 40 hours in a week
Non-Union Time and a Half After 10 (Exempt Complimentary)
This calculator is available for all states except California. Its rules are not compliant with California laws and regulations. This calculator provides wages above federal requirements for exempt workers.
Calculator rules
1.0x for the first 10 hours
1.5x for hours after 10 hours in a day
Non-Union Time and a Half After 8
This calculator goes a step above federal overtime rules and provides daily overtime after 8 hours in addition to weekly overtime after 40 hours. If your work location is in California, you should not choose this calculator.
Calculator rules
1.0x for the first 8 hours in a day
1.5x for hours after the 8th hour in a day
1.5x for hours after 40 hours in a week